Vehicle was untaxed and parked directly outside a property I own on an unadopted road [confirmed by checking council database]. For clarity it was on the road, not on my drive [I don't have one lol].

I had sent off SORN ages ago.

Vehicle was clamped and then lifted [I don't live there and was out of the country at the time.

I paid up and vehicle was returned to me.

I rang to dispute with the DVLA and they said it wasn't declared sorn and so their subcontractors could lift it [which I understand to be factually correct].

However my position is that I sent them the sorn via the paper and post system and they lost it, so I want a full refund. I believe people have proved that there is no legal requirement for us to contact DVLA if no sorn certificate received [which is what they told me I should have done....].

Would welcome your thoughts on all of this...

Thanks in advance

Obviously I shall be ensuring I definitely have a SORN in place going forward [it's free and easy so crazy not to do it]

The problem is going to be how can you prove you sent off the SORN notification?

It is arguable that you'd be better off doing the sorn notification online, as you get a reference immediately on the website followed up by a confirmation email (that's a bit academic now).

Thanks for the reply.

I guess I firstly need to show 'on the balance of probability' that I sent it [why wouldn't I have sent it in, it's free and easy and I gain no advantage by not doing so] and secondly prove that they have a track record of losing stuff [Freedom of Information Request might get me that....or does anyone know of cases similar to mine that I can get a transcript or rfeference of??]

I agree about the online....that's what I did once I knew the DVAL were saying 'it's not sorned' [and will deffo do that in future]...horse and stable door and all that!!!

I am afraid that without any evidence that you sent off a SORN declaration you face an uphill struggle. The DVLA are unlikely to simply accept your word for it, so you will have to go to court. The obvious question you will face is why you did not query the failure of the DVLA to acknowledge receipt of the notice you had sent off ages ago, to which you have no very convincing answer, it may not be necessary in law, but would have been a wise precaution and the most likely reason, that you posted the notification and then forgot about the matter, does not help your case.

On the other hand, since the continuous licensing system started the DVLA are supposed to query registered but unlicensed vehicles, and since continuous insurance started, registered but uninsured vehicles as well. You could argue that their failure to query the status of your car could reasonably have led you to believe that it was indeed SORNed, and also, as you say, you had no motive not to declare SORN.

I am afraid that without any evidence that you sent off a SORN declaration you face an uphill struggle. The DVLA are unlikely to simply accept your word for it, so you will have to go to court. The obvious question you will face is why you did not query the failure of the DVLA to acknowledge receipt of the notice you had sent off ages ago, to which you have no very convincing answer, it may not be necessary in law, but would have been a wise precaution and the most likely reason, that you posted the notification and then forgot about the matter, does not help your case.

On the other hand, since the continuous licensing system started the DVLA are supposed to query registered but unlicensed vehicles, and since continuous insurance started, registered but uninsured vehicles as well. You could argue that their failure to query the status of your car could reasonably have led you to believe that it was indeed SORNed, and also, as you say, you had no motive not to declare SORN.

The OP has given no hint of timeline for the events which would be useful to see if such a defence would stack up.

I don't know about the OP, but I'd never think to expect a certificate of SORN. Your not paying for anything, so I'd not expect a receipt. I'd also not expect one seeing as they don't send you a tax disc anymore.

I don't know about the OP, but I'd never think to expect a certificate of SORN. Your not paying for anything, so I'd not expect a receipt. I'd also not expect one seeing as they don't send you a tax disc anymore.

You get no certificate, you do get an acknowledgement, do it online and you get it instantly.